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HomeMy WebLinkAbout11-5014 TIMOTHY G. SCHULER, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. No. COMMONWEALTH OF Civil Appeal From License Suspension PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, PETITION OF APPEAL FROM SUSPENSION OF DRIVING PRIVILEGES And now comes the Petitioner Timothy G. Schuler by and through his attorney, Douglas K. Marsico of Caldwell & Kearns and file the within Petition of Appeal from Suspension of Driving Privileges and in support thereof aver the following: 1. The Petitioner is an adult individual residing at 425 Briar Lane, Chambersburg, Franklin County, Pennsylvania 17202. 2. The Petitioner is licensed as a motor vehicle driver by the Commonwealth of Pennsylvania, License No. 20628078. 3. By official notice dated May 24, 2011, the Petitioner received notification from the Commonwealth of Pennsylvania, Department of Transportation that his driving privileges were suspended for a period of eighteen months effective June 28, 2011. (See Exhibit "A"). 4. The suspension notice was based upon an alleged refusal to take a chemical test in Cumberland County on April 30, 2011. 5. The Petitioner appeals the notice of suspension and requests a hearing on the merits by this Honorable Court. VINdA1ASNN3d XINA03 ONb1183SWC13 ? ? -.Z1 Nd L 1 KIN 1107- 0?2 - 00 "/' a4 ??l .S 7o ya WHEREFORE, the Petitioner prays this Honorable Court to vacate the eighteen month license suspension as imposed by the Commonwealth of Pennsylvania, Department of Transportation in its May 24, 2011 notice. submitted, Glarsico, Esquire . No. 69804 & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 / Date: Attorney for Petitioner 178222 05/25/20"' #1900 P.001/004 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Date: MAY 24, 2011 TIMOTHY G SCHULER WID * 111376691462200 OOI 425 BRIAR LN PROCESSING DATE 05/17/2011 DRIVER LICENSE # 20628078 CHAMBERSBURG PA 17202 DATE OF BIRTH 05/29/1963 Dear MR. SCHULER: This is an official Notice of the Suspension of your Driving Privilege as authorized by Section 15478111 of the Pennsylvania Vehicle Code. As a result of your violation of Section 1547 of the Vehicle Code, CHEMICAL TEST REFUSAL, on 04/30/2011: v Your driving privilege is SUSPENDED for a period of IS MONTH(S) effective 06/28/2011 at 12:01 a.m. COMPLYING WITH THIS SUSPENSION You must return all current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your possession on or before 06/28/2011. You may surrender these items before, 06/28/2011' for earlier credit; however, you may not drive after these items are surrendered. YOU MAY NOT RETAIN YOUR DRIVER'S LICENSE FOR IDENTIFICATION PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of $13.50. You must present two (2) forms of proper identification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) ; _.grdeL-,.tQ_ ab ain. Your photo id-entification card, You will not receive credit toward serving any suspension until we receive your license(s). Complete the following steps to acknowledge this suspension. 1. Return all current Pennsylvania driver's licenses, learner's permits and/or camera cards to PennDOT. If you do not have any of these items, send a sworn notarized letter stating you are aware of the suspension of your driving privilege. You must specify in your letter why you are unable to return your driver's license. Remember: You may not retain your driver's license for identification purposes. Please send these items to: 05/25/2011 11:14 111376691462200 #1900 P.002/004 Pennsylvania Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 2. Upon receipt, review and acceptance of your Pennsylvania driver's license(s), learner's Permit(s), and/or a sworn notarized letter, PennDOT will send you a receipt confirming the date that credit began. If you do not receive a receipt from us within 3 weeks, please contact -"r . office._, Otherwise L You will _ not be given _credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter. 3. If you do not return all current driver license products, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(4) of the Pennsylvania Vehicle Code. PAYING HE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your driving privilege. To pay your restoration fee, complete the following steps: 1. Return the enclosed Application for Restoration. The amount due is listed on the application. 2. Write your driver's license number (listed on the first page) on the check or money order to ensure proper credit. 3. Follow the payment and mailing instructions an the back of the application. e a 3 e note.i "Pa?iFig tnii-rwst-or"a-t-iorr tm = ---_- the reQuirement to acknowledge your Suspension/revocation. If you have not acknowledged your suspension/revocation, please follow the instructions listed under "Complying with this Suspension/Revocation". 05/23/2011 11:14 111376691462200 #1900 P.003/004 APPEAL You have the right to appeal this action to the Court of Common Pleas (Civil Division) within 30 days of the mail date, MAY 24, 2011, of this letter. If You file an appeal in the County Court, the Court will give you a time-stamped certified copy of the appeal. In order for your appeal to be valid, you must send this time-stamped certified copy of the appeal by certified mail to: Pennsylvania Department of Transportation Office of Chief Counsel T.hA r-d-F ].0 o C. ,.. R i v e r_f_r -on t_ 0 f f i c,e C e n t_e r Harrisburg, PA 17104-2516 Remember, this is an OFFICIAL. NOTICE OF SUSPENSION. You must return all current Pennsylvania driver license Products to PennDOT by 06/28/2011. Sincerely, 4:?(? Z g"? Janet L. Dolan, Director Bureau of Driver Licensing INFORMATION 8;00 a.m. to 5:00 p.m. IN STATE T1-800--932-4600 TDD IN STATE 1-800-22B-0676 OUT-OF-STATE 717-412-5300 TDD OUT-OF-STATE: 717412-5380 WEB SITE ADDRESS www, mv.state.oa.us CERTIFICATE OF SERVICE AND NOW, this 1 day of June, 2011, I hereby certify that I have served a copy of the within document on the following by certified mail addressed to: Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, River Front Office Center Harrisburg, PA 17104 CALDWELL & KEARNS B TIMOTHY G. SCHULER, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLV ANIA V. No. // - %4 aG j COMMONWEALTH OF Civil Appeal From License Suspension PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, n ?= rn ?- N r ORDER <d N -0 day of And now this xo , 2011, upon presentatioher-`•? k+ CDC) y--4,' _ A attached Petition, a hearing de novo is granted to determine whether the actions of the Department of Transportation in suspending the driving privileges of the Petitioner should be set CL sale aside. It is hereby ordered and decreed that no suspension shall occur until a hearing has been held. The hearing in this matter is scheduled for , 2011 at 1h a:cleclk in Courtroom No. Cumberland County Courthouse, Carlisle, Pennsylvania. ?IasK . I?ku'sico?L BY THE COURT TIMOTHY G. SCHULER, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No. 11-5014 Civil COMMONWEALTH OF Civil Appeal From License Suspenrs = "+ PENNSYLVANIA DEPARTMENT OF ?. mar=- TRANSPORTATION, N ` ORDER f =, And now this day of 2011, upon presentatiorf;of tie ry:rt attached Motion for a Continuance, the Petitioner's request is granted and the hearing in this 16 _ in Courtroom matter is rescheduled for A(17??'l?cp?c 2011 at No. Cumberland County, Carlisle, Pennsylvania. Distribution List: 4it-101, M?w ,/ Douglas K. Marsico, Esquire, Caldwell & Kearns, 3631 North Front Street, 11 4 Harrisburg, PA 17110 Philip Bricknell, Esquire, Commonwealth of Pennsylvania, Department of Transportation, Office of Chief Counsel, Third Floor, River Front Office Center, Harrisburg, PA 17104 ~ TIMOTHY G. SCHULER, : 1N THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 11-5014 Civil COMMONWEALTH OF : Civil Appeal From License Suspension PENNSYLVANIA, DEPARTMENT OF _ TRANSPORTATION, ~ ~~-4~ aY..~ I t MOTION FOR CONTINUANCE < ~ ~ . ,m, ; TO: Honorable J. Wesley Oler, Jr. ~ C--) -0~-~ ;z° 1. On June 17, 2011, the Petitioner filed an appeal from the notice of licerl'se suspension resulting from an alleged refusal on Apri130, 2011. 2. The Court has scheduled a hearing in this matter for November 21, 2011 at 1:30 p.m. 3. The license suspension in this matter arises from an alleged refusal in which criminal charges are pending against Petitioner for driving under the influence of alcohol. 4. In order for the Petitioner to defend this appeal, it may be necessary for him to testify in this civil proceeding. 5. By testifying in this civil proceeding, the Petitioner is at risk of providing self- incriminating evidence that could be used against him in the criminal case. 6. In order to avoid any risk of self-incrimination, Petitioner respectfully requests the hearing on this appeal be continued until after the disposition of the Petitioner's pending criminal charge. 7. At this point, it is requested that the matter be continued until February 9, 2012. If more time is required at that point, a second continuance motion will be filed. • 8. PennDOT counsel Philip Bricknell concurs with this continuance request. ~ WHEREFORE, it is respectfully requested this Honorable Court grant the instant Petition for Continuance and reschedule the above matter. Respectfully submitted, Esquire o s WNo.C6~ rn 804 L W L & KEARNS CA 3631 N h Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Petitioner Date: L' t ( 11151-001/183563 i . CERTIFICATE OF SERVICE . I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Philip Bricknell, Esquire Commonwealth of Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, River Front Office Center Harrisburg, PA 17104 CALDWELL & KEARNS Dated: ~ ~ ( BY Z,1~ TIMOTHY G. SCHULER, Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 11-5014 Civil No C . W rn - rn z ? Civil Appeal From License Susp n C;W I;; <© aC--) s X -n ° n - ORDER And now this -- ? day of .? V. , 2011, upon presentation of the attached Motion for a Continuance, the Petitioner's request is granted and the hearing in this matter is rescheduled for February 9, 2012 at -2e, C(' 0 in Courtroom No. , Cumberland County, Carlisle, Pennsylvania. Distribution List: Cpd PIP' I axlt ?Douglas K. Marsico, Esquire, Caldwell & Kearns, 3631 North Front Street, it? Q? Harrisburg, PA 17110 Philip Bricknell, Esquire, Commonwealth of Pennsylvania, Department of Transportation, Office of Chief Counsel, Third Floor, River Front Office Center, Harrisburg, PA 17104 TIMOTHY SCHULER, Petitioner V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2011-5014 CIVIL TERM AND NOW, this 9t' day of February, 2012, the appeal filed in the above- captioned matter is WITHDRAWN and the suspension which is the basis of this appeal shall be REINSTATED, effective August 9, 2012. BY THE COURT: rTj A:: o -.._ .. ?a , r Attest: Douglas K. Marsico, Esq., Caldwell & Kearns, P.C., 3631 N. Front St., Harrisburg, PA 17110 Philip M. Bricknell, Esq., PennDOT, Riverfront Office Center, Office of Chief Counsel, 3rd Floor, 1101 South Front Street, Harrisburg, PA 17104-2516 (4r es rna. "l eon 9 llfb 01- AV G